First, under any of the following circumstances, the sentence shall be reduced:
1. A criminal sentenced to death with a two-year suspension of execution shall be commuted to life imprisonment after the expiration of two years if he has not intentionally committed a crime during the suspension of execution.
2. Those who have made significant meritorious service shall have their sentences reduced.
Two, where one of the following circumstances, can be reduced:
1, conscientiously abide by the prison rules and discipline, accept education and reform, and do show repentance;
2. meritorious service.
Three, "repentance" also refers to the following four aspects:
1, plead guilty;
2. Seriously abide by the prison regulations and accept education and reform;
3. Actively participate in political, cultural and technical studies;
4. Take an active part in labor and complete production tasks.
Four, combined with the provisions of the provincial prison administration for criminals, quantitative reward points should be regarded as a basic fact of commutation and parole.
Five, one of the following circumstances, should be recognized as meritorious service:
1, report and expose criminal activities inside and outside the prison, or provide important clues to solve the case. If it is verified through investigation, as long as the accused person constitutes a crime, it can be determined that the prosecutor and informant have rendered meritorious service.
2. Stop others from criminal activities.
3, technological innovation in production and scientific research, outstanding achievements. Although the technological innovation of criminals has not reached the standard level of invention or major technological innovation confirmed by the national appraisal department, it has produced obvious economic benefits. Confirmed by the provincial prison administration and other authoritative institutions, the value of 10 million yuan or more should be regarded as outstanding achievements.
4. Being active in emergency rescue and disaster relief or eliminating major accidents. For example, in floods, windstorms, fires, earthquakes, landslides or major accidents, prisoners actively rescue critically ill patients, injured people and company property, and rescue or stop others from committing suicide.
5, confirmed by the provincial higher people's court, there are other outstanding deeds beneficial to the country and society.
Six, one of the following circumstances can be regarded as meritorious service:
1, was rated as a provincial-level labor reform activist by the penalty execution organ;
2, stop, stop the destruction of regulatory order, approved by the provincial prison administration;
3. Being organized by units at or above the city level to participate in major activities such as presenting opinions, and achieving certain social effects and being recognized by people's courts at or above the intermediate level.
Seven, "significant meritorious service" refers to one of the following circumstances:
1, stop other people's major criminal activities, verified;
2, report major criminal activities inside and outside the prison, verified;
3, confirmed by the state authority and issued a certificate, there are inventions or major technological innovations;
4. Give yourself up to save others in daily production and life. It mainly refers to helping others out of danger regardless of personal safety, such as helping drowning people such as the elderly, women and children, and saving people in disasters such as fires. On the premise that the rescued person may cause serious injury or death;
5 outstanding performance in resisting natural disasters or eliminating major accidents. Defending against natural disasters and eliminating major accidents can make the state, collective property or the interests of others avoid or reduce heavy losses, which can be considered as outstanding performance;
6, confirmed by the provincial higher people's court or other provincial authorities have made other significant contributions to the country and society.
Eight, the elderly prisoners (men over 60 years old, women over 55 years old) and the provincial people * * designated hospital diagnosed with deaf, dumb, blind, physical disability, mental illness, cancer and other serious diseases of disabled prisoners (excluding self-injury, self-mutilation) commutation, should mainly pay attention to their actual repentance. As long as he pleads guilty and repents, abides by prison rules and discipline, accepts education and reform, has a correct working attitude and can do some work within his power, he can be regarded as truly repentant. Conditions for parole:
1. Criminals sentenced to fixed-term imprisonment, including those who have been given a two-year suspended sentence according to law and whose life imprisonment has been commuted to fixed-term imprisonment, may be released on parole under any of the following circumstances:
1, since the date of delivery by the court for execution, if more than half of the original sentence is executed, or if the actual execution of life imprisonment is more than ten years, the actual execution of the death penalty is suspended for two years for more than twelve years (excluding the two-year suspension);
2. There is indeed repentance;
3. It will not harm the society after parole.
Second, whether the parole of criminals is really "not harmful to society" should be investigated from the following aspects:
1, the subjective malignancy of the crime. The nature of the crime, the facts and circumstances of the crime, the attitude after the crime, whether there are surrender and surrender circumstances, whether there is a criminal record before the crime, and the consistent performance before the crime;
2. The consistent performance during the prison term is whether there is repentance or jet lag from beginning to end, and whether the ideological transformation is stable;
3. Supervision conditions, society, family environment and parole life ... >> How many months did I commute my sentence in prison? When I was in prison, I scored every three months. If I get enough points, my sentence can be reduced. I served a prison term of 15 years, during which my sentence was reduced several times. The new prison commutation regulation "Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Commutation and Parole Cases" was tried by the Supreme People's Court on September 19, 2065438. The Supreme People's Court No.20 1614 Law Interpretation [20 16] No.23 "Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Cases of Commutation and Parole" (September 2016 19, the Supreme People's Court Judicial Committee Kloc-0/ day, the implementation of the "People's Republic of China (PRC) Criminal Procedure Law", "People's Republic of China (PRC) Prison Law" and other legal provisions, combined with judicial practice. Article 1 Commutation and parole are penal systems that encourage criminals to reform. The application of commutation and parole should implement the criminal policy of combining leniency with severity, give full play to the function of punishment and realize the purpose of punishment. Article 2 When handling a case in which a criminal meets the conditions of "commutation" stipulated in the first paragraph of Article 78 of the Criminal Law, factors such as the nature and specific circumstances of the crime committed by the criminal, the degree of social harm, the performance of the original judgment and the property judgment in the effective judgment, and the consistent performance after delivery shall be comprehensively investigated. Article 3 "True repentance" means meeting the following conditions at the same time:
(1) Plead guilty and repent;
(2) Abide by laws, regulations and regulatory provisions, and receive education and reform;
(three) actively participate in ideological, cultural and vocational and technical education;
(four) actively participate in labor, and strive to complete the task of labor. Criminals who take advantage of their positions to commit crimes of disrupting financial management order, financial fraud and organizing (leading, participating, shielding and conniving) organized crimes of a triad nature do not actively return stolen goods, assist in recovering stolen money and compensation for losses, or obtain commutation or parole by improper means such as personal influence and social relations, etc., are not considered as "truly repentant". The criminal's right to appeal in the process of penalty execution should be protected according to law, and his legal appeal can't be regarded as not pleading guilty and not repenting without analysis. Article 4 Under any of the following circumstances, it can be recognized as meritorious service:
(a) to prevent others from criminal activities;
(two) to report and expose criminal activities inside and outside the prison, or to provide important clues to solve the case, which is verified by investigation;
(3) Assisting judicial organs in arresting other criminal suspects;
(4) Having made outstanding achievements in production technology innovation and scientific research;
(5) Having rendered meritorious service in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society. sequence
(4), first
(6) The technological innovation or other significant contributions mentioned in Item (6) shall be independently or mainly accomplished by criminals during the execution of punishment, and shall be confirmed by the provincial competent department. Article 5 Under any of the following circumstances, it shall be deemed as "significant meritorious service":
(a) to prevent others from committing major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(3) Assisting judicial organs in arresting other major criminal suspects;
(four) there are inventions or major technological innovations;
(5) sacrificing oneself to save others in daily production and life;
(six) outstanding performance in resisting natural disasters or eliminating major accidents;
(seven) other significant contributions to the country and society. sequence
The invention-creation or major technological innovation mentioned in Item (4) shall be an invention patent independently or mainly completed by the criminal during the execution of the penalty and confirmed by the competent department of the state, excluding utility model patents and design patents; sequence
Other significant contributions mentioned in Item (7) shall be made by criminals independently or mainly during the execution of punishment and confirmed by the competent state department. Article 6 The starting time for commutation of a prisoner sentenced to fixed-term imprisonment is as follows: if he is sentenced to fixed-term imprisonment of less than five years, the commutation shall be carried out for more than one year; A person sentenced to fixed-term imprisonment of not less than five years but not more than ten years shall have his sentence reduced by one year and six months; Those sentenced to fixed-term imprisonment of more than 10 years shall have their sentences reduced after two years. The starting time of commutation of fixed-term imprisonment is calculated from the date of execution of the judgment. Those who do repent or perform meritorious service shall be sentenced to fixed-term imprisonment of not more than nine months at a time; Those who do show repentance and perform meritorious service shall be given a one-time mitigated sentence of fixed-term imprisonment of not more than one year; Those who have made significant meritorious service will be reduced at one time ... >> How to calculate the prison commutation score? 40 points is praise, 80 points is merit, and each province is different. In Henan, 80 points for six months, 0/60 points for nine months/kloc, 5 points for one month, and 2-3 points for labor. Do prison inmates usually reduce their sentences? Of course, they will. As long as they perform well in study, labor and education, how can prisons quickly reduce their sentences at each assessment? How many points can I apply for a reduced sentence if I burn the prison with money? How many points MINUS one month. You can apply for commutation and parole every month here in Zhejiang. You can consider parole if you have served more than half of your sentence at home. If the sentence is reduced by four years, the political nails here will be reduced by about one year. For example, if you are sentenced to four years, one * * * is 48 months. If you get 24X 10=240 points in the middle of 48/2=24 months, you can be released on parole. If you commute, 25 points will be reduced by one month and one year. Under normal circumstances, prisoners can get an assessment score of about 10 every month. If the latest prison commutation standard meets the conditions for commutation, you can apply for commutation. Whether the sentence can be reduced depends on the criminal's daily performance, repentance and meritorious service. The law stipulates that the maximum sentence can be halved, which is basically not achieved.
Legal basis: The applicable conditions and limits of Article 78 of the Criminal Law. Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have their sentences reduced if they consciously abide by prison regulations, receive education and reform, and truly repent or perform meritorious service during the execution period. One of the following major meritorious deeds shall be commuted:
(a) to prevent others from engaging in major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society. After commutation, the actual sentence shall not be less than the following period:
(a) sentenced to public surveillance, criminal detention or fixed-term imprisonment, which is more than half of the original sentence;
(two) sentenced to life imprisonment, not less than thirteen years;
(3) If a criminal whose execution is suspended is restricted by the people's court in accordance with the provisions of the second paragraph of Article 50 of this Law, his sentence shall be commuted to life imprisonment and to fixed-term imprisonment of 25 years, but less than 20 years. How to reduce the sentence in prison and what is the procedure? The prison implements a "three-level collegiate bench" system for commutation of fixed-term imprisonment. First of all, the conditions for reducing the sentence in the regulations of the prisoner's sub-prison area are that all the police in the sub-prison area are collegiate and reported to the prison after the warden's office meeting. The adopted report is submitted to the prison management department to review the submitted materials, and the materials are submitted to the warden's office meeting for deliberation after they are in compliance with the law. Then report to the intermediate people's court where the prison is located. (There are three levels: prison area, prison area and prison. Therefore, it is very important, that is to say, the death penalty in the sub-prison area should be reported to the prison management department of the provincial prison administration where the prison is located, and approved by the director's office meeting and reported to the provincial higher people's court.